If you're an employee in Shanghai, you might have questions regarding paid leave policies, such as:

- Which holidays are employees entitled to, and how are their salaries calculated?

- What should I know about annual leave? 

- What if specific holidays for specific groups fall on a weekend?

Here are the answers from the Shanghai Municipal Human Resources and Social Security Bureau to these frequently asked questions.

1. Which holidays are employees entitled to, and how are their salaries calculated?

(1) Public holidays for all employees

(2) Annual leave

(3) Other statutory leaves

These types of leave are granted when specific eligibility criteria are met.

• Commonly seen statutory leaves including sick leave, marriage leave, and maternity leave

• Beyond these leave, here are some other leaves you may pay attention to.

- Compassionate leave

When the employee's immediate family members (parents, spouse, and children) pass away, the employer may, at its discretion and depending on the specific situation, grant one to three days of compassionate leave.

- Work stoppage leave

If you're injured at work or diagnosed with an occupational disease, you may qualify for work stoppage leave, a paid leave to focus on medical treatment and recovery.

This leave generally lasts up to 12 months. In severe or exceptional cases, it can be extended by another 12 months, provided a municipal-level labor assessment committee approves the extension.

The leave typically begins on the date of the work-related injury. Your healthcare provider's recommendations determine the exact duration and must be confirmed by the labor authority.

Click here to learn more.

- Additionally, travel leave may be granted based on the distance of the journey.

2. What should I know about annual leave? 

Employees who have worked for more than one year are entitled to paid annual leave. Employees with a cumulative tenure of more than one year but less than 10 years are entitled to 5 days of annual leave.

Those who have worked for more than 10 years but less than 20 are entitled to 10 days of annual leave.

Those who have worked for more than 20 years are entitled to 15 days of annual leave. National statutory holidays and weekends are not included in the annual leave entitlement.

Here are some frequently asked questions about annual leave.

(1) Are new hires entitled to annual leave in their first year of employment?

Case:

Nancy, a recent university graduate, started working at a cosmetics company in September. As the year ended, she planned to take two days of annual leave to visit her family during the New Year holiday. However, the company informed her that employees who have not completed 12 consecutive months of employment are not eligible for paid annual leave, and any leave taken would be unpaid personal leave. Is Nancy entitled to paid annual leave during her first year of employment?

Answer:

No, an employee must complete at least one year of continuous employment to qualify for paid annual leave. Since Nancy has not met this criterion, she will be eligible only after her second year with the company.

Annual leave entitlement is calculated as follows (fractions of less than one full day are not counted):

(Remaining calendar days in the year at the company ÷ 365 days) × Total annual leave days entitled for the year

For example, if Nancy starts work on Sept 1, 2025, and completes one year of service on Aug 31, 2026, her 2026 entitlement will be prorated. After Aug 31, 2026, there will be 122 calendar days remaining in the year, and Nancy is entitled to five annual leave days for the year. Based on the calculation:

(122 ÷ 365) × 5 = 1.67 days, which should be rounded down to one day of annual leave for 2026.

(2) Are weekends included in annual leave?

Case:

Mike, a recent university graduate, joined a catering company. In the company's policies, he noticed a clause that read: "Annual leave includes weekends." This confused him because weekends are already rest days. Are weekends included in annual leave?

Answer:

No. Regular weekends are not included in annual leave. According to the Regulations on Paid Annual Leave for Employees:

Employees with one to 10 years of service are entitled to five days of annual leave.

Employees with 10 to 20 years of service are entitled to 10 days of annual leave.

Employees with more than 20 years of service are entitled to 15 days of annual leave.

Statutory holidays and rest days, including weekends, are not counted toward annual leave. Therefore, the company's practice lacks legal basis.

Other leaves not counted as annual leave:

Under the Regulations on Paid Annual Leave for Employees, statutory leaves, including family visit leave, marriage leave, bereavement leave, maternity leave, and work-related injury leave, do not count toward annual leave.

(3) Are employees on irregular working hours entitled to annual leave?

Case:

Edward recently joined a clothing company as a salesperson. During onboarding, the company informed him that his role operates under an irregular working hours system, and, according to the company's policy, employees in such roles are not entitled to annual leave. Is the company's statement correct?

Answer:

Incorrect. According to the Regulations on Paid Annual Leave for Employees, employees are not entitled to annual leave in the current year under any of the following circumstances:

Employees who are entitled to statutory winter or summer vacation, and whose vacation duration exceeds the annual leave entitlement.

Employees who have taken personal leave for a cumulative total of 20 days or more, and the employer has not deducted their wages in accordance with regulations.

Employees with cumulative work experience of one to 10 years who have taken sick leave for a cumulative total of more than two months.

Employees with 10 to 20 years of cumulative work experience who have taken sick leave for a cumulative total of more than three months.

Employees with cumulative work experience of more than 20 years who have taken sick leave for a cumulative total of more than four months.

Additionally, Chinese labor laws require employers to provide adequate rest and leave rights to employees with irregular or long working hours. This might involve scheduled work and rest periods, shift changes, or flexible hours adapted to employees’ health and needs.

In summary, employees working irregular hours should not be denied annual leave. If they meet the eligibility criteria, they have the right to take it. Therefore, Edward continues to be entitled to annual leave.

3. What if specific holidays for specific groups fall on a weekend?

Case:

Jane worked at an information technology company. She noticed that Women's Day falls on a Sunday and that China's Youth Day, which falls on May 4, coincides with China's Labor Day holiday. Are there make-up days for these holidays if they fall on weekends?

Answer:

No. According to the latest national holiday arrangements, holidays for specific groups of employees include:

- Women's Day (March 8): Half-day leave for women

- China's Youth Day (May 4): Half-day leave for youth aged between 14 and 28

If these holidays fall on a weekend, no make-up leave days are provided.

We hope this guide answers your questions and helps you make the most of your career in Shanghai.

Disclaimer: This article is for general reference only and does not constitute legal advice. For specific cases, please consult the competent authorities or a qualified legal professional.

Updated Sept 21, 2026

Sources: Shanghai Municipal Human Resources and Social Security Bureau; Shanghai Observer; sgst.cn/foreign; gov.cn; rsj.sh.gov.cn